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Temporary Restraining Order Halts the Executive Order Suspending the Entry of Immigrants and Non-Immigrants from Seven Countries

By Michelle White and Jorge Lopez on

February 4, 2017

UPDATE: On February 9, 2017, a Ninth Circuit panel upheld the restraining order against President Trump’s travel ban.

On February 3, 2017, federal Judge James Robart issued a temporary restraining order (TRO) halting President Trump’s January 27, 2017, executive order (the “Order”) entitled, Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals. The Order suspended entry into the United States for immigrants and non-immigrants from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen (“affected countries”) for at least 90 days.

On January 30, 2017, the states of Washington and Minnesota filed a lawsuit seeking to stop the Order. In his ruling last night, Judge Robart issued a TRO on the entire Order, concluding that the states demonstrated they would “face immediate and irreparable injury as a result of the signing and implementation of the Executive Order.” The TRO will remain in effect until a decision is made in the case. As a result of the TRO, U.S. Customs and Border Patrol and consulates/embassies abroad will not enforce the Order while the TRO is in effect.

What this Means for Individuals Affected by the Order

The TRO has blocked the enforcement of the Order, meaning that immigrants and non-immigrants who were affected by the Order can now enter the United States and apply for U.S. visas. In addition, U.S. Customs and Border Protection (CBP) has already alerted airlines that it will reinstate previously cancelled visas. Individuals in possession of a U.S. visa, including refugees in possession of a U.S. visa, will be admitted. Individuals seeking entrance to the United States, or applying for a U.S. visa, should act now, since there is no guarantee how long the TRO will be in effect.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.